Legal Question in Family Law in New York

I have an 18 year old son who is hostile to everyone in the family, nothing is good enough for this child. He refuse to comply wth rules of house set by parents. He refuses to help out in anyway. H cause nothing but arguments day in and day out. We have tried to talk and reason with him, we have tired to get him inot counseling and he refuses. What can we do? Can we tell him to get out? Legally?

Asked on 6/11/13, 8:28 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

If he is creating a dangerous situation, you may be able to get him out by going to family court and filing for an order of protection against him. If an order is issued requiring him to stay away, he will effectively be thrown out of the house.

In terms of what you can get an order of protection for, you will have to prove that your son's conduct fits into one of the following criminal offenses as defined by NYS statutes: disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation in the second degree, strangulation in the first degree, assault in the second degree, assault in the third degree or an attempted assault, criminal obstruction of breathing or blood circulation or strangulation between spouses or former spouses, or between parent and child or between members of the same family or household

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Answered on 7/09/13, 7:43 am

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